Online privacy policy

KiwiCo, Inc. (“Company,“ “we,“ or “us“) provides access to information through our website accessible at the URL https://www.kiwico.com (the “Site”) and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the “Services“).  This privacy policy describes our information collection and use practices in connection with our Site and Service, as well as circumstances under which we disclose information collected from you.  Our commitment to you is that we will not use or disclose information collected from you other than as described in this policy.

In order to access and use the Site and Services, you must agree to our Online Terms and Conditions (the “Terms and Conditions”) posted on the Site.  Persons and organizations with permission to use the Service are considered “Registered Users.”  You may view portions of the Site even if you are not an Registered User of the Service.  This privacy policy applies to Company’s collection, use and disclosure of Personal Information (defined below) from Registered Users of the Site, as well as from persons who merely visit the Site.  Company has adopted and implemented this privacy policy as part of our commitment to protecting your personal information from misuse.

By submitting Personal Information through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

Your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country.

What information do we collect?

“Personal Information“ means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. For clarity, “Personal Information“ includes personal information as defined in the California Consumer Privacy Act (the “CCPA“). “Non-Personal Information“ means data that is not associated with or linked to your Personal Information; Non-Personal Information does not, by itself, permit the identification of individual persons. We collect Personal Information and Non-Personal Information, as described below.

Company collects Personal Information as required to offer Services, as listed in the Terms and Conditions, as voluntarily provided by you in the course of correspondence or registration, and as otherwise identified below.  In addition, we collect certain information which cannot be used to personally identify any user, such as anonymous, aggregate or statistical data.

In order to use some Services, you may be required to complete the applicable registration form accessible on the Site.  All persons who register are referred to as “Registered Users.”  Some Services may not require registration.  Company collects and maintains a record of all data provided through such registration forms, e.g. your name, e-mail, mailing addresses, and password and information about your child, e.g., your child’s name, birthday, interests, and gender. For example, individual users who desire to order a Product (as defined in the Terms and Conditions) must provide certain contact information, shipping information, billing information, and financial information (e.g., a credit card number and expiration date) (which will be collected by us or our third party payment processing service providers).

For some Services, each Registered User may be provided a unique username and password that enable access to the Service. We may track the use of those usernames and passwords in order to collect and maintain records of individual transactions conducted through the Services by Registered Users, and those records may be associated with each Registered User’s individual account profile within the Company system.

We also collect other types of Personal Information that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support.

We also collect and maintain records of information that you voluntarily provide to us.  For example, we may ask you to participate in a survey, and may ask you to provide Personal Information, such as age, gender or other demographic data.  If you enter into a contest or promotion on our Site, we will collect the information your provide to participate in the contest or promotion.  If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.  When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.  However, unless such information is necessary for the Service or required by the Terms and Conditions, we do not require you to provide such information to us.

We collect additional information through the Site and the Service that is not associated with any online account or registration information, and that cannot be used to personally identify you.  Non-Personal Information ordinarily includes aggregate, summary, or other anonymous data, and may include, by way of example, statistics regarding popularity of particular pages within the Site, or information regarding types of Internet browsers used by Registered Users.

Categories of personal information collected:

Identifiers
  1. Name

  2. Postal address

  3. Online identifier

  4. Internet Protocol (IP) address

  5. Email address

  6. Account name, or other similar identifiers

Customer records information
  1. Name

  2. Address

  3. Telephone number

  4. Credit or debit card number and other financial information

We share Customer records information with our payment processing partner to securely charge your payment method, and our shipping partners to create labels and ship you your goods ordered.

Internet or other electronic network activity information
  1. Information regarding a consumer‘s interaction with an Internet website, application, or advertisement

Characteristics of protected classifications under California or federal law
  1. Age or birthday
Geolocation data

We share Identifiers, Internet or other electronic network activity, and geolocation information with third party analytics partners that helps us understand how people use our website and services so we can make improvements.

Commercial information
  1. Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Our commercial or business purposes for collecting personal data:

We may collect and disclose your Personal Information for a business purpose to third parties. For purposes of this section, we use “ business purpose“ as it is used in the CCPA, which generally defines it as a business’s operational or other notified purposes. The following is a list of business purposes for which we may disclose your Personal Information:

  1. Providing, customizing and improving the services
    1. Creating and managing your account or other user profiles.

    2. Processing orders or other transactions; billing.

    3. Providing you with the products, services or information you request.

    4. Meeting or fulfilling the reason you provided the information to us.

    5. Providing support and assistance for the Services.

    6. Improving the Services, including testing, research, internal analytics and product development.

    7. Personalizing the Services, website content and communications based on your preferences.

    8. Doing fraud protection, security and debugging.

    9. Carrying out other business purposes stated when collecting your Personal Information or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA“).

  2. Marketing the services
    1. Marketing and selling the Services

    2. Showing you advertisements, including interest-based or online behavioral advertising.

  3. Corresponding with You
    1. Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about KiwiCo or the Services.

    2. Showing you advertisements, including interest-based or online behavioral advertising.

  4. Meeting legal requirements and enforcing legal terms
    1. Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.

    2. Protecting the rights, property or safety of you, KiwiCo or another party.

    3. Enforcing any agreements with you.

    4. Responding to claims that any posting or other content violates third-party rights.

    5. Resolving disputes.

How we share your personal data:

We disclose your Personal Information to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale“ of your Personal Information. For more information, please refer to the state-specific sections below.

  1. Service providers.

    These parties help us provide the Services or perform business functions on our behalf. They include:

    1. Hosting, technology and communication providers.

    2. Security and fraud prevention consultants.

    3. Support and customer service vendors.

    4. Product fulfillment and delivery providers.

    5. Payment processors.

      1. Hosting, technology and communication providers.

      2. Security and fraud prevention consultants.

  2. Advertising partners.

    These parties help us market our services and provide you with other offers that may be of interest to you. They include:

    1. Ad networks.

    2. Data brokers.

    3. Marketing providers.

  3. Analytics partners.

    These parties provide analytics on web traffic or usage of the Services. They include:

    1. Companies that track how users found or were referred to the Services.

    2. Companies that track how users interact with the Services.

  4. Business partners.

    These parties partner with us in offering various services. They include:

    1. Businesses that you have a relationship with.

    2. Companies that we partner with to offer joint promotional offers or opportunities.

  5. Parties you authorize, access or authenticate
    1. Third parties you access through the services.

    2. Social media services.

    3. Other users.

Cookies

We use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies“) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track“ requests sent from a browser at this time.

We use the following types of Cookies:

  1. Essential cookies
    1. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.

  2. Functional cookies
    1. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

  3. Performance/analytical cookies
    1. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services“ content for those who engage with our advertising. For example, Google Inc. (“Google“) uses cookies in connection with its Google Analytics services. Google“ s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google“ s use of Cookies by visiting the Google advertising opt-out page or the Google Analytics Opt-out Browser Add-on.

  4. Retargeting/advertising cookies
    1. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you.

You can decide whether or not to accept Cookies through your internet browser“ s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “ preferences“ or “ options“ section of your browser“ s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit www.allaboutcookies.org or ico.org.uk/for-the-public/online/cookies if you are located in the European Union.

Information about interest-based advertisements:

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads“). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users‘ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon“) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

We comply with the Digital Advertising Alliance (“DAA“) Self-Regulatory Principles for Online Behavioral Advertising. Through the DAA and Network Advertising Initiative (“NAI“), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of, and greater control over, ads that are customized based a consumer‘s online behavior across different websites and properties. To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA‘s or NAI‘s consumer opt-out pages, which are located at www.networkadvertising.org/choices or www.aboutads.info/choices. Users in the European Union should visit the European Interactive Digital Advertising Alliance’s user information website www.youronlinechoices.eu

Personal information of children

The Site is not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13, and no part of our Site or Service is designed to attract people under 13. If we later learn that a user is under 13, we will take steps to remove that user‘s Personal Information from our databases and to prevent the user from utilizing the Site and the Service. If you believe that a child under [13] may have provided us personal information, please contact us at [email protected].

If you decide to invite a third party to create an Account, we will collect your and the third party‘s names and e-mail addresses in order to send an e-mail and follow up with the third party. You or the third party may contact us at www.kiwico.com/contact-us to request the removal of this information from our database.

California resident rights

If you are a California resident, you have the rights set forth in this section. Please note that we may process Personal Information of our customers‘ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data.

The information in this section and others related to the CCPA will be updated as necessary at least once every twelve months. If there are any conflicts between this section and any other provision of this Privacy Policy, the portion that is more protective of personal information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at [email protected] .

Access

You have the right to know which Personal Information we have collected from you and how we use such Personal Information. Accordingly, you have the right to request from us the following:

  1. The categories of Personal Information that we have collected from you. We will provide this information organized according to the chart titled “Categories of Personal Information Collected“ below

  2. The categories of your Personal Information that we have disclosed to third parties for a business purpose and the categories of third parties to whom we disclosed your Personal Information for a business purpose

Deletion

You may request that we delete the Personal Information that we have collected from you by contacting us pursuant to the “Exercising Your Rights“ section below. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising your rights

To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information (such as the email address on file) to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.“ We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

  1. Email us at: [email protected]

  2. Submit a form at this address: www.kiwico.com/contact-us

You may also authorize an agent (an “Authorized Agent“) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Personal information sales opt-out and opt-in

We will not sell your Personal Information, and have not done so over the last 12 months.

We will not discriminate against you for exercising your rights under the CCPA

KiwiCo will not discriminate against you because you exercised your rights under the CCPA. KiwiCo will not deny you our goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercised your rights under the CCPA.

However, if you refuse to provide your personal information to KiwiCo or ask it to delete your personal information, and that personal information is necessary to provide you with goods or services, for example a shipping address to deliver crates, KiwiCo may not be able to complete that transaction.

European union data subject rights
EU residents

If you are a resident of the European Union (“EU“), United Kingdom, Lichtenstein, Norway or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR“) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data“ and “processing“ as they are defined in the GDPR, but “Personal Data“ generally means information that can be used to individually identify a person, and “processing“ generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. KiwiCo will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at [support email].

Personal data we collect

The “Categories of Personal Data We Collect“ section above details the Personal Data that we collect from you.

Personal data use and processing grounds

The “Our Commercial or Business Purposes for Collecting Personal Data“ section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests“ or the legitimate interest of others, as further described below.

  1. Contractual Necessity:

    We process the following categories of Personal Data as a matter of “contractual necessity“, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

    1. Identifiers

    2. Customer records information

    3. Internet or other electronic network activity information

    4. Characteristics of protected classifications under California law

    5. Geolocation data

    6. Commercial information

  2. Legitimate Interest:

    We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:

    1. Identifiers

    2. Customer records information

    3. Internet or other electronic network activity information

    4. Characteristics of protected classifications under California law

    5. Geolocation data

    6. Commercial information

    7. We may also de-identify or anonymize Personal Data to further our legitimate interests.

  3. Examples of these legitimate interests include (as described in more detail above):

    1. Providing, customizing and improving the Services.

    2. Marketing the Services.

    3. Corresponding with you.

    4. Meeting legal requirements and enforcing legal terms.

    5. Completing corporate transactions.

  4. Consent:

    In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

  5. Other Processing Grounds:

    From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Sharing personal data

The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.

EU data subject rights

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at [email protected] Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

  1. Access:

    You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging on to your account.

  2. Rectification:

    If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging on to your account.

  3. Erasure:

    You can request that we erase some or all of your Personal Data from our systems.

  4. Withdrawal of Consent:

    If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

  5. Portability:

    You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

  6. Objection:

    You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.

  7. Restriction of Processing:

    You can ask us to restrict further processing of your Personal Data.

  8. Right to File Complaint:

    You have the right to lodge a complaint about KiwiCo‘s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

Transfers of personal data

The Services are hosted and operated in the United States (“ U.S.“ ) through KiwiCo and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to KiwiCo in the U.S. and will be hosted on U.S. servers, and you authorize KiwiCo to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant to: (i) a data processing agreement incorporating standard data protection clauses promulgated by the European Commission, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content, (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the European Commission.

Miscellaneous

If you enter and win a contest or other promotion, you expressly consent to (a) Company providing your Personal Information (e.g., your name and address) to the third party providing the prize for the contest or other promotion, solely to provide you such prize and (b) Company publicly disclosing your name and the fact that you won the contest or promotion. If we will be disclosing additional Personal Information in connection with a contest or other promotion, we will disclose that to you in a separate notice prior to your entering the contest or other promotion. By entering such contest or other promotion, you expressly consent to such disclosures.

The Site contains links to other Web sites. Please be aware that we are not responsible for the privacy practices or the content of such other Web sites. We encourage our users to read the privacy statements of each and every Web site they visit. This privacy statement applies solely to information collected by us through the Site.

The Site has security measures in place to protect against the loss, misuse and unauthorized alteration of Personal Information in Company ‘s possession and control. For example, whenever the Service requests that Registered Users provide sensitive information, that information is encrypted with industry standard encryption techniques. When you are viewing a secure page within the Site, such as our checkout form, an icon of a padlock will appear as “locked“ at the bottom of web browsers such as Microsoft Internet Explorer, but the same icon will appear as “un-locked“ when the user is merely “surfing.“ We currently use an encryption program known as “SSL,“ or “Secure Sockets Layer.“ To learn more about SSL, go to https://www.ssl.com. Credit card authorization requests are sent using the same encryption technology.

Furthermore, access to Personal Information is physically restricted within our own offices, so that only certain of our employees are granted access to information as appropriate to perform specific jobs and tasks (e.g., performing customer service).

Please be aware that, although we endeavor to provide security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of Personal Information arising in connection with the theft thereof. Likewise, Registered Users are responsible for safeguarding the confidentiality of passwords to any Services, and we bear no liability for access to, or use or disclosure of, Personal Information, if such access, use or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of a password.

If you have any questions about our security measures, you can click here to contact us.

Changes to this policy

If we change our privacy policy, we will post those changes on the Site so that users are always aware of what information we collect, how we use it, and under what circumstances, if any, we will disclose it. Any changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. In any event, changes to this Privacy Policy may affect our use of Personal Information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Your continued access to and/or use of the Site or Service following notice of such changes constitutes your assent to, and acceptance of, this policy, including all posted changes for which we have provided notice as described herein.

Contacting company

If you have any questions about this privacy policy, please contact us at [email protected]If you feel that we are not abiding by our posted privacy policy, you should first contact us at 140 E Dana St, Mountain View, CA 94041, or click here to contact us, or send an e-mail to [email protected]